BILL NUMBER: SB 1867	CHAPTERED  07/21/00

	CHAPTER   176
	FILED WITH SECRETARY OF STATE   JULY 21, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   MAY 24, 2000
	AMENDED IN SENATE   MAY 1, 2000
	AMENDED IN SENATE   MARCH 29, 2000

INTRODUCED BY   Senator Speier

                        FEBRUARY 24, 2000

   An act to amend Section 484 of the Penal Code, relating to theft.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1867, Speier.  Theft:  by fraud:  intent.
   Existing law provides that every person who shall fraudulently
appropriate property which has been entrusted to him or her, or who
shall knowingly and designedly, by any false or fraudulent
representation or pretense, defraud any other person of money, labor,
or real or personal property, is guilty of theft.  Except as
provided, intent to commit theft by fraud is presumed if one who has
leased or rented the personal property of another pursuant to a
written contract fails to return the personal property to its owner
within 20 days after the owner has made written demand by certified
or registered mail following the expiration of the lease or rental
agreement for return of the property so leased or rented.
   This bill would instead provide that intent to commit theft by
fraud is rebuttably presumed if a person has leased or rented
personal property belonging to another person pursuant to a written
contract and the value of that property is greater than $1,000, the
personal property is not a commonly used household item, and the
person fails to return the property to its owner within 10 days after
written demand is made following expiration of the lease or rental
agreement.  Additionally, the bill would provide that there is a
rebuttable presumption of fraudulent intent if one who has leased or
rented the personal property of another pursuant to a written
contract, where the property value is no greater than $1,000 or the
property is a commonly used household item, fails to return the
personal property to its owner within 20 days after the owner has
made written demand by certified or registered mail following the
expiration of the lease or rental agreement for return of the
property so leased or rented.  By changing an element of an existing
crime, this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 484 of the Penal Code is amended to read:
   484.  (a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall
fraudulently appropriate property which has been entrusted to him or
her, or who shall knowingly and designedly, by any false or
fraudulent representation or pretense, defraud any other person of
money, labor or real or personal property, or who causes or procures
others to report falsely of his or her wealth or mercantile character
and by thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of money, or property or
obtains the labor or service of another, is guilty of theft.  In
determining the value of the property obtained, for the purposes of
this section, the reasonable and fair market value shall be the test,
and in determining the value of services received the contract price
shall be the test.  If there be no contract price, the reasonable
and going wage for the service rendered shall govern.  For the
purposes of this section, any false or fraudulent representation or
pretense made shall be treated as continuing, so as to cover any
money, property or service received as a result thereof, and the
complaint, information or indictment may charge that the crime was
committed on any date during the particular period in question.  The
hiring of any additional employee or employees without advising each
of them of every labor claim due and unpaid and every judgment that
the employer has been unable to meet shall be prima facie evidence of
intent to defraud.
   (b) (1) Except as provided in Section 10855 of the Vehicle Code,
where a person has leased or rented the personal property of another
person pursuant to a written contract, and that property has a value
greater than one thousand dollars ($1,000) and is not a commonly used
household item, intent to commit theft by fraud shall be rebuttably
presumed if the person fails to return the personal property to its
owner within 10 days after the owner has made written demand by
certified or registered mail following the expiration of the lease or
rental agreement for return of the property so leased or rented.
   (2) Except as provided in Section 10855 of the Vehicle Code, where
a person has leased or rented the personal property of another
person pursuant to a written contract, and where the property has a
value no greater than one thousand dollars ($1,000), or where the
property is a commonly used household item, intent to commit theft by
fraud shall be rebuttably presumed if the person fails to return the
personal property to its owner within 20 days after the owner has
made written demand by certified or registered mail following the
expiration of the lease or rental agreement for return of the
property so leased or rented.
   (c) Notwithstanding the provisions of subdivision (b), if one
presents with criminal intent identification which bears a false or
fictitious name or address for the purpose of obtaining the lease or
rental of the personal property of another, the presumption created
herein shall apply upon the failure of the lessee to return the
rental property at the expiration of the lease or rental agreement,
and no written demand for the return of the leased or rented property
shall be required.
   (d) The presumptions created by subdivisions (b) and (c) are
presumptions affecting the burden of producing evidence.
   (e) Within 30 days after the lease or rental agreement has
expired, the owner shall make written demand for return of the
property so leased or rented.  Notice addressed and mailed to the
lessee or renter at the address given at the time of the making of
the lease or rental agreement and to any other known address shall
constitute proper demand.  Where the owner fails to make such written
demand the presumption created by subdivision (b) shall not apply.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
